Gauhati High Court
The State Of Assam And 5 Ors vs M/S Deka Enterprise And Anr on 1 March, 2019
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/6
GAHC010170752018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RFA 27/2019
1:THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, DEPTT. OF HANDLOOM AND TEXTILE, DISPUR, GUWAHATI 06
2: THE ASSAM GOVT. OF MARKETING CORPORATION LTD.
REGISTERED OFFICE AT PRAGJYOTIKA BHAWAN
GNB ROAD
AMBARI
GUWAHATI-1
REPRESENTED BY ITS MANAGING DIRECTOR
3: THE MANAGING DIRECTOR
AGMC LTD.
REGISTERED OFFICE AT PRAGJYOTIKA BHAWAN
GNB ROAD
AMBARI
GUWAHATI-1
4: THE GENERAL MANAGER
ASSAM MARKETING CORPORATION LTD.
REGISTERED OFFICE AT PRAGJYOTIKA BHAWAN
GNB ROAD
AMBARI
GUWAHATI-1
5: THE MANAGER
ASSAM EMPORIUM
ASSAM GOVT. MARKETIN CORPORATION LTD.
MALIGAON
GUWAHATI-11
DIST. KAMRUP (M)
ASSAM.
Page No.# 2/6
6: THE ASSTT. MANAGER
ASSAM EMPORIUM
ASSAM GOVT. MARKETING CORPORATION LTD.
MALIGAON
GUWAHATI-11
DIST. KAMRUP (M)
ASSAM
VERSUS
1:M/S DEKA ENTERPRISE AND ANR
A PROPRIETORSHIP CONCERN BEING REPRESENTED BY ITS PROPRIETOR
SRI MANOJ KUMAR DEKA @ MANOJ DEKA, HAVING ITS OFFICE AND
PRINCIPAL PLACE OF BUSINESS AT TRIPURA ROAD, BELTOLA,
GUWAHATI 28, DIST. KAMRUP (M), ASSAM.
2:MANOJ KUMAR DEKA @ MANOJ DEKA
S/O LATE PANCHAM DEKA
PROPRIETOR OF M/S DEKA ENTERPRISE
R/O TRIPURA ROAD
BELTOLA
GUWAHATI -28
DIST. KAMRUP (M)
ASSAM
Advocate for the Petitioner : MR. P S DEKA
Advocate for the Respondent : MR. S P ROY
Linked Case : RFA 114/2018
1:M/S DEKA ENTERPRISE AND ANR
A PROPRIETORSHIP CONCERN
REPRESENTED BY ITS PROPRIETOR SHRI MANOJ KUMAR DEKA @ MANOJ
DEKA
HAVING ITS OFFICE AND PRINCIPLE PLACE OF BUSINESS AT BELTOLA
TRIPURA ROAD BUSINESS AT BELTOLA
TRIPURA ROAD
GUWAHATI -28(ASSAM)
2: SHRI MANOJ KUMAR DEKA @ MANOJ DEKA
S/O LATE PANCHANAN DEKA
RESIDENT OF TRIPURA ROAD
Page No.# 3/6
BELTOLLA
GUWAHATI 28
PROPRIETOR OF APPELANT NO. 1
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
DEPARTMENT OF HANDLOOM AND TEXTILE
DISPUR
GUWAHATI-06
2:ASSAM GOVERNMENT MARKETING CORPORATION LTD
REGD. OFFICE AT PRAGJYOTIKA BHAWAN
GNB ROAD
AMBARI
GUWAHATI
3:THE GENERAL MANAGER
ASSAM GOVT. MARKETING CORPN. LTD.
REGD. OFFICE AT PRAGJYOTIKA BHAWAN
GNB ROAD
AMBARI
GUWAHATI
4:THE MANAGER
ASSAM EMPORIUM
AGMC LTD
MALIGAON
5:THE ASSISTANT MANAGER
ASSAM EMPORIUM
AGMC
LTD
MALIGAON
Advocate for the Petitioner : MR. S P ROY
Advocate for the Respondent : GA
ASSAM
Linked Case : I.A.(Civil) 4330/2018
1:THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
Page No.# 4/6
DEPTT. OF HANDLOOM AND TEXTILE
DISPUR
GUWAHATI 06
2: THE ASSAM GOVT. OF MARKETING CORPORATION LTD.
REGISTERED OFFICE AT PRAGJYOTIKA BHAWAN
GNB ROAD
AMBARI
GUWAHATI-1
REPRESENTED BY ITS MANAGING DIRECTOR
3: THE MANAGING DIRECTOR
AGMC LTD.
REGISTERED OFFICE AT PRAGJYOTIKA BHAWAN
GNB ROAD
AMBARI
GUWAHATI-1
4: THE GENERAL MANAGER
ASSAM MARKETING CORPORATION LTD.
REGISTERED OFFICE AT PRAGJYOTIKA BHAWAN
GNB ROAD
AMBARI
GUWAHATI-1
5: THE MANAGER
ASSAM EMPORIUM
ASSAM GOVT. MARKETIN CORPORATION LTD.
MALIGAON
GUWAHATI-11
DIST. KAMRUP (M)
ASSAM.
6: THE ASSTT. MANAGER
ASSAM EMPORIUM
ASSAM GOVT. MARKETING CORPORATION LTD.
MALIGAON
GUWAHATI-11
DIST. KAMRUP (M)
ASSAM.
VERSUS
1:M/S DEKA ENTERPRISE AND ANR
A PROPRIETORSHIP CONCERN BEING REPRESENTED BY ITS PROPRIETOR
SRI MANOJ KUMAR DEKA @ MANOJ DEKA
HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT TRIPURA
ROAD
BELTOLA
Page No.# 5/6
GUWAHATI 28
DIST. KAMRUP (M)
ASSAM.
2:MANOJ KUMAR DEKA @ MANOJ DEKA
S/O LATE PANCHAM DEKA
PROPRIETOR OF M/S DEKA ENTERPRISE
R/O TRIPURA ROAD
BELTOLA
GUWAHATI -28
DIST. KAMRUP (M)
ASSAM.
Advocate for the Petitioner : MR. P S DEKA
Advocate for the Respondent : MR. S P ROY
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
01.03.2019 Heard Mr. B. K. Bhagawati, the learned counsel for the appellants. Also heard Ms. N. Rai, the learned counsel for caveator respondent.
This is an appeal under Section 96 of the CPC against the judgment and decree dated 05.05.2018 passed by the Civil Judge No.1, Kamrup (M) at Guwahati.
Let the appeal be admitted.
The LCRs have already been received by the section as it is apparent from the submission of Ms. Rai that the LCRs, required in this present appeal, are already tagged with RFA No.114/2018. No further requirement to call for the LCRs.
Page No.# 6/6 Let this matter be again listed for orders on 11.04.2019 alongwith the stay petition filed by the appellant under Order XLI Rule 5 of the CPC and application under Order XXVII Rule 8(A) of the CPC.
JUDGE Comparing Assistant